Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: mistfree

> How about when I drove down the highway yesterday at about 78 mph when the speed limit was 70. I went thru a speed trap and nothing happened. That cop didn’t follow “a lawful order”. <

Interesting. But neither did that cop refuse a direct order. The author of this article wants cops to refuse what are (probably) lawful direct orders.

But I freely admit that no one - not the governor, not the cop, not the citizen - knows for sure just what a “lawful order” is during this quarantine. We can all agree that setting a speed limit is lawful. But what about closing all restaurants in a state for two months to fight a disease? Is that lawful?

I guess the Supreme Court will have to settle that one.


43 posted on 05/07/2020 5:57:28 AM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
[ Post Reply | Private Reply | To 38 | View Replies ]


To: Leaning Right
 
 
I guess the Supreme Court will have to settle that one.
 
 
They have. Repeatedly - the SCOTUS has consistently ruled and upheld that power cannot be created under an emergency.
 
Ex Parte Milligan, 4 Wall. 2 (1866), Wilson v. New, 243 U.S. 332 (1917), and the cases under martial law during World War II that were reviewed and thrown out.
 
There is no legal mechanism to restrict or suspend any rights - not even under martial law.
 
 

56 posted on 05/07/2020 8:00:38 AM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
[ Post Reply | Private Reply | To 43 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson